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Final Divorce Agreement Template for Canada

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Key Requirements PROMPT example:

Final Divorce Agreement

"I need a Final Divorce Agreement for a couple with two minor children, shared ownership of a family business valued at $2.5M, and a matrimonial home in Ontario, with provisions for joint custody and ongoing spousal support starting March 2025."

Document background
A Final Divorce Agreement is a crucial legal document used in Canadian divorce proceedings to formalize the complete settlement between divorcing spouses. This agreement is prepared when both parties have reached a mutual understanding on all aspects of their divorce, including property division, support obligations, and child-related matters if applicable. It must comply with the federal Divorce Act and provincial family law legislation, making it enforceable across Canada. The document is typically prepared after extensive negotiations and often follows a separation agreement, incorporating any changes that may have occurred during the separation period. It requires full financial disclosure from both parties and usually involves independent legal counsel for each spouse to ensure fairness and compliance with legal requirements. Once approved by the court, the Final Divorce Agreement becomes part of the divorce judgment and is legally binding on both parties.
Suggested Sections

1. Parties: Identification of both spouses, including full legal names, addresses, and occupations

2. Background: Details of the marriage, separation date, and confirmation that reconciliation is not possible

3. Definitions: Definitions of key terms used throughout the agreement

4. Acknowledgments: Statements confirming independent legal advice, full disclosure, and voluntary execution

5. Mutual Release: Agreement to release each other from future claims except as outlined in the agreement

6. Division of Property: Detailed division of matrimonial property, assets, and debts

7. Matrimonial Home: Disposition or allocation of the matrimonial home

8. Financial Disclosure: Confirmation of full and frank financial disclosure by both parties

9. Tax Provisions: Handling of tax matters, including filing status and allocation of tax benefits

10. Dispute Resolution: Process for resolving future disputes related to the agreement

11. Amendment and Review: Provisions for modifying the agreement and periodic review if necessary

12. Governing Law: Specification that the agreement is governed by Canadian law and applicable provincial legislation

13. Severability: Provision stating that if any part of the agreement is found invalid, the rest remains in force

14. Execution: Signing requirements and effective date of the agreement

Optional Sections

1. Child Custody and Access: Required if there are children - details of custody arrangement, access schedule, and decision-making responsibilities

2. Child Support: Required if there are children - details of child support payments, special expenses, and review mechanisms

3. Spousal Support: Required if spousal support is being paid - details of amount, duration, and review conditions

4. Life Insurance: Include when there are ongoing support obligations to secure their payment

5. Business Interests: Required if either party owns a business - details of business valuation and division

6. Pension Division: Include when either party has pension assets to be divided

7. International Aspects: Required if there are international elements such as foreign property or jurisdiction issues

8. Pet Custody: Include if there are pets whose custody needs to be addressed

9. Education Expenses: Required if there are agreements about future education expenses for children

10. Religious Divorce: Include if religious divorce proceedings are relevant to the parties

Suggested Schedules

1. Schedule A - Assets and Liabilities: Detailed list of all matrimonial assets and liabilities with agreed values

2. Schedule B - Property Division: Specific details of how each asset and liability will be divided or allocated

3. Schedule C - Parenting Schedule: Detailed schedule for shared parenting time and special occasions if children are involved

4. Schedule D - Support Calculations: Detailed calculations for child and/or spousal support, including income information

5. Schedule E - Insurance Policies: List of insurance policies and beneficiary designations

6. Appendix 1 - Financial Statements: Current financial statements of both parties

7. Appendix 2 - Business Valuations: Professional valuations of any business interests if applicable

8. Appendix 3 - Pension Valuations: Professional valuations of pension and retirement accounts

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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